# In the matter of Swastik Production Private Limited Rst.A (IBC)-03(MB)2022 in C.P.(IB)-696(MB)2020

> NCLT judgment dated 2022-08-10. Citation: TCN-2022-NCLT-01398. The case involves an application for the restoration of a Company Petition,…

- **Court:** NCLT
- **Order date:** 10 Aug 2022
- **Citation:** TCN-2022-NCLT-01398
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/swastik-production-private-limited-rsta-ibc-03mb2022-in-cpib-696mb2020-b0007fa5

## Summary

### Background

The case involves an application for the restoration of a Company Petition, C.P.(IB)/696(MB)2020, filed under the Insolvency and Bankruptcy Code, 2016. The Operational Creditor's counsel is present, but there is no representation for the Corporate Debtor.

## Facts

An application, Rst.Appl.(IBC)/03(MB)2022, was filed for the restoration of Company Petition C.P.(IB)/696(MB)2020. The Operational Creditor's counsel was present, and it was submitted that notice had been served to the Corporate Debtor, with proof of service filed. However, the Corporate Debtor had no representation in court. The order dated 01.10.2021 was set aside. The Corporate Debtor was set ex-parte, indicating they were not interested in pursuing the case. The matter was listed for hearing on 10.11.2022.

## Issues and analysis

### Issue 1: Whether the application for restoration of the Company Petition C.P.(IB)/696(MB)2020 should be …

**Ratio:** The principle that a court may proceed ex-parte if a party, after due notice, fails to

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**Reasoning:** The court reasoned that the Corporate Debtor's lack of representation, despite proof of

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**Interpretation:** This interprets the procedural rules allowing a court to proceed without one

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**Application:** The court applied this principle by setting aside the previous order, restoring

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## Parties

- **Judges:** Manoj Kumar…; KISHORE VEMULAPALL…
- **Appellants:** High Ground…
- **Respondents:** Swastik Production…

## Timeline

- **2021-10-01 — Order Da…**: Order dated 01.10.2021…
- **2022-06-10 — Order Da…**: Order dated 10.06.2022, pursuant to which the Operational Creditor submits notice has…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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